1 F.4th 617
8th Cir.2021Background
- Brown sold cocaine in two controlled buys; a search yielded ~339 g crack, ~28 g powder cocaine, ~83.5 g marijuana, a stolen loaded pistol, scales, baggies, and $8,000.
- He pleaded guilty to distributing cocaine base and possession with intent to distribute ≥280 g cocaine base; other counts were dismissed.
- District court designated Brown a career offender under U.S.S.G. § 4B1.1 based on prior convictions for attempted murder (Iowa § 707.11) and possession with intent to deliver marijuana (Iowa § 124.401(1)(d)).
- With career-offender status his guidelines range was 262–327 months (offense level 34, CHC VI); the court imposed concurrent 240-month sentences (below range).
- Brown appealed, arguing the career-offender enhancement was improper and his sentence was substantively unreasonable; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brown's attempted-murder conviction qualifies as a "crime of violence" under U.S.S.G. § 4B1.2 | § 707.11 can be committed without "force" (e.g., omission); aiding/joint conduct makes it broader | Peeples controls: § 707.11 requires use/attempted use of force; commentary covers aiding/abetting | Affirmed: § 707.11 is a crime of violence; career-offender finding stands |
| Whether Brown's Iowa drug conviction qualifies as a "controlled substance offense" under § 4B1.2 | § 124.401(1)(d) conviction may rest on aiding/abetting and thus not fit the Guidelines' definition | Commentary and precedent treat inchoate/drug-conspiracy/aiding liability as included | Affirmed: § 124.401(1)(d) is a controlled substance offense for career-offender purposes |
| Whether the 240-month below-range sentence was substantively unreasonable | Court gave improper weight to facts (career-offender enhancement) and thus abused discretion | District court considered § 3553(a) factors, noted mitigating factors, and said sentence would be same absent career-offender status | Affirmed: sentence is substantively reasonable; no abuse of discretion |
Key Cases Cited
- United States v. Peeples, 879 F.3d 282 (8th Cir. 2018) (held Iowa attempted-murder statute has element of use/attempted use of force)
- Descamps v. United States, 570 U.S. 254 (2013) (describes categorical approach for comparing statutory elements)
- Jackson v. Ault, 452 F.3d 734 (8th Cir. 2006) (principle on panel precedent binding effect)
- United States v. Mendoza-Figueroa, 65 F.3d 691 (8th Cir. 1995) (upheld use of § 4B1.2 commentary to include inchoate offenses)
- United States v. Merritt, 934 F.3d 809 (8th Cir. 2019) (confirmed § 4B1.2 commentary covers drug-conspiracy/inchoate offenses)
- United States v. Feemster, 572 F.3d 455 (8th Cir. 2009) (explains abuse-of-discretion standard for substantive-reasonableness review)
- United States v. Hayes, 518 F.3d 989 (8th Cir. 2008) (cited for reasonableness review standard)
- United States v. Townsend, 617 F.3d 991 (8th Cir. 2010) (district court has broad latitude weighing § 3553(a) factors)